Current legislation sets out:
- Local authorities must ensure a school place is available for every child of statutory school age resident in their area.
- Parents/carers must ensure their child utilises the education provision available or makes alternative arrangements.
- School and local authority colleagues must act swiftly if a parent is not fulfilling this duty, initially through support in removing barriers to attendance.
- In cases where families refuse to engage with support available and continue to fail to ensure their child is in receipt of a suitable, full-time education, the local authority must consider legal sanctions available e.g. Penalty Notices, Education Supervision Orders, prosecutions for non-attendance or School Attendance Orders.
The roles and responsibilities of schools, parents and local authorities are clearly defined with statutory guidance and advice as follows:
- Working Together to Improve School Attendance
- Improving school attendance: support for schools and local authorities
- School behaviour and attendance: parental responsibility measures
- Children missing education
- Promoting the education of looked-after children and previously looked-after children
- Supporting pupils with medical conditions at school
- Keeping children safe in education
- Alternative provision
- Education for children with health needs who cannot attend school
- School Exclusion